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07-16-1991 Council Minutes1 10 CITY OF A APPROVED BY CITY COUNCIL ON AUGUST 13, 1991. COUNCIL MINUTES ORANGE, CALIFORNIA REGULAR MEETING JULY 16, 1991 The City Council of the City of Orange, California convened this 16th day of July, 1991 at 3:00 P.M. in the Council Chambers, 300 E. Chapman Avenue. Oranqe. California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ABSENT - None 1.3 APPROVAL OF MINUTES Adjourned Regular Meeting - July 1, 1991 MOTION - steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon ACTION: Approved 1.4 PRESENTATIONS/ANNOUNCEMENTS/ INTRODUCTIONS The Finance Director accepted the certificate of Achievement for Excellence in Financial Reporting for the Year Ended June 30, 1990 to the City of Orange by the Government Finance Officers Association of the united States and Canada.C2500.J.l)1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR 2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council Agenda of a regular meeting of July 16, 1991,at the city of Orange, Main Library, the Eisenhower Park Bulletin Board, and the New Police Facility at 1107 N.Batavia, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.Page 1 1 11 COUNCIL MINUTES JULY 16, 1991 2. CONSENT CALENDAR (Continued) ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the city Clerk. 2.2 Consider request from Carnival Carts, promoter for Home Depot, to display a twenty foot high inflatable figure, at the Home Depot Grand opening on July 24, 25, 26, 27 and 28, 1991. A2500.0) ACTION: Denied. REMOVED AND HEARD SEPARATELY) 2.3 Consider request from Orange Tool Mart, 211 to display a 12 ft. high inflatable balloon during July 25, 26 and 27, 1991. W. Katella Avenue, on their roof A2500.0) Mark Sandell, 2482 Northumberland, Orange, commented the balloon will be displayed at the parking lot of the complex during business hours and taken down at night. Council discussion ensued relative to the ordinance requirements. Mayor pro tem Barrera commented he is sensitive to the needs of the small businessmen in the City. MOTION - Barrera SECOND - steiner AYES - Steiner, Barrera NOES - Mayor Beyer, Coontz, Spurgeon ACTION: Moved to approve the request for business hours only.THE MOTION FAILED.MOTION SECOND AYES NOES Mayor Beyer Spurgeon Mayor Beyer, Coontz, Spurgeon steiner, Barrera ACTION:Moved to deny the request.2.4 Request approval of an amendment to the Gensler and Associates contract with the city of Orange. (A2l00.0. A.1765)ACTION: Authorized the Mayor and City Clerk to execute on behalf of the city.2.5 CLAIM FOR DAMAGES FROM:ARLENE TILLINGHAST for an alleged incident occurring on or about March 13, 1991. (S 66472 MWB) (C3200. 0)ACTION: Denied claim and refer to City Attorney and Adjuster.Page 2 1 12 COUNCIL MINUTES JULY 16, 1991 2. CONSENT CALENDAR (Continued) 2.6 Request approval of the sale or donation of one surplus 1982 S-10 city vehicle (# 467) a utility pick up truck with toolbox to Chaplin Jose Luise Gomez Gallegos of the Islas Marias,Mexico, in the amount of $400.00. (Revenue Fund No.720-1332-465200-0000-90467, Gain on Sale of Asset)P2500.0)ACTION: Removed from the Agenda to a date not certain.MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Item 2.3 was removed and heard separately, and Item 2.6 was removed from the Agenda, to be rescheduled at a later date. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR BEYER TAPE 305 3.1 Request from Councilman Spurqeon to leave the State for 30 davs.MOTION - Barrera SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz ABSTAINED - spurgeon Moved to grant Councilman spurgeon's request to leave the State for approximately six days.4. REPORTS FROM COUNCIL MEMBERS - None 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS TAPE 310 5.1 Consider the policv and procedures for implementation of Neiqhborhood Parkinq Permit Proqram areas as recommended bv the citv Traffic Commission. (S4000. S.3.1)The Assistant Traffic Engineer reported the basic intent of the policy is to establish a guideline for staff and the City Traffic Commission to utilize in reviewing neighborhood parking permit program requests. The primary expectations, if this policy is approved, is to establish a policy of intended purpose and use of this program in line with the intended legislature; establish more specific parameters and guidelines regarding request processing and approvals; to help keep the number of permit parking areas and requests to a minimum, and better inform residents whether a permit parking request meets minimum policy guidelines and should be considered.Page 3 COUNCIL MINUTES JULY 16, 1991 113 5. REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued) At present there are no policies or guidelines. The requests are now handled with a petition of 55% majority in favor of the program. Councilwoman Coontz commented the report mentions social problems, which are recognized by the Council that most of these requests are because of social problems. The report also states these problems should be addressed through the Police and Code Enforcement. The City has been meeting on a teamwork basis, with members from many departments to address the social ills. The parking is the first indication there is overcrowding and is only one of the indicators. Concern was expressed regarding the taking away of responsibility from one department, and having all the other departments picking up the problem. At this time, the legal department is working on changes to the housing codes, in order to tackle the difficulties that are presently happening throughout the city, such as Hoover/Wilson, Prospect area, North Shaffer Apartments and other areas. Councilwoman Coontz recommended this request be held in abeyance until the report from the City Attorney's office and Housing Department is presented. At that time it could be put together as a package. A staff meetings is scheduled at the end of this month. MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to continue this request until Council has the opportunity to look at the housing/zoning ordinance changes that are being proposed on a team basis by a number of different departments of the City.TAPE 511 5. 2 Report from Sanitation Service Item 8.2. Paqe 6).the Council Solid Waste Committee concerninq charqes bv the contractor. (See Leqal Affairs.OR1800.0.34) The Director of Public Works reported recent annexations of county islands have introduced an additional refuse collection company to the city. Under current state law, when a county area is annexed to a city, the city must begin providing all city services to the residences of these islands. However, under this same state law, a contact that has been providing waste collection for the county area for three years prior to the annexation may continue to provide services to these residences for a period of up to five years.Great Western Reclamation has been providing solid waste collection and has indicated they would like to continue providing service for the five year period. As the governing body for this area, the residences must be given the choice of which contractor for whom they will receive their trash services. Great Western has to meet the same rates as the City of Orange.Page 4 ll~ COUNCIL MINUTES JULY 16, 1991 5.2 REPORTS FROM BOARDS. COMMITTEES AND COMMISSIONS (Continued) It has become necessary to calculate a rate for sanitation services to residences that do not utilize city trash collection services. This charge is for street sweeping, sewer, storm drain maintenance and code enforcement activities. This rate will also serve as the special condo rate. There have been requests received from commercial and industrial accounts regarding the institution of a rate for bin service picked up four times per week. Previously, the City has not had a rate for this service. After a countywide survey for this service, an equitable rate has been established. The special condo rate will be applied city-wide, and is outlined in Resolution No. 7848.Councilwoman Coontz expressed concern regarding the statement in the report that refers to the governing body must give resident's the choice of which contractor from whom they will receive their trash service. Do they do this as a corporate body, or is this on an individual, house-by-house basis. It was also asked how this would be handled.The Director of Public Works indicated this can be on an individual house-by-house basis. Great Western Reclamation was not happy,because they had to reduce what they were receiving in rates from the county in order to meet the City of Orange Orange Disposal's regulated rate.The Sanitation Inspector commented the residents will be given a choice, according to State law. The sanitation rate for the residents in the new annexed area will be the same as the rest of the City. Calls have already been received from residents wanting the City contractor. There could be one neighbor that wants the City contractor and the next door neighbor that wants Great Western. The City could have three trucks going down the street on the same day.Councilwoman Coontz commented the individual, not the neighborhood,has the choice when the City annexes a neighborhood into the city.Concern was expressed by Councilman Spurgeon regarding the overhead administrative costs rising when islands are annexed into the City. MOTION SECOND AYES Coontz steiner Steiner,Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive and file the report. 115 COUNCIL MINUTES JULY 16, 1991 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS 8.1 RESOLUTION NO. 7852 A Resolution of the City Council of the city of Orange finally accepting the completion of a certain public work and improvement.A2100.0. A.1738)Bid No. 901-33; Underground utility District No. 11; Glassell Street from Almond Avenue to the 22 Freeway MOTION - Barrera SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, coontz, Beyer That Resolution No. 7852 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 7848 A Resolution of the city Council of the city of orange amending section 13.60.020 and section 13.60.030 of the Orange Municipal Code changing certain sanitation and service charges by contractor.A2500.0)MOTION - Steiner SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Beyer That Resolution No. 7848 as introduced be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Communication received from David V. Hart, 1249 E.CA. 92666, regarding his concerns relative to the property on the part of a certain Council member.Palm Ave., Orange,use of city C2500. D)At the Mayor's direction, the City Clerk read the communication from Mr. Hart:Dear Mayor Beyer and Council: An incident was observed last Thursday morning during the Fourth of July Parade in Orange Park Acres which caused some concern and comments from observers. An Orange Police car arrived at the parade formation area on Orange Park Acres Blvd. and Councilwoman Joanne Coontz alighted.Page 6 116 COUNCIL MINUTES JULY 16, 1991 10. ORAL PRESENTATIONS (Continued) With this city's critical budget deficit of nearly $2 million at last count, it seems an unnecessary extravagance that councilwoman Coontz should be using the city's police vehicles and personnel for her own personal taxi service. I have been told by witnesses that councilwoman Coontz had been picked up by a police car at the Legion Hall in Orange prior to arriving in Orange Park Acres. If it is the council policy to provide council members with personal transportation by police vehicles and personnel, then I feel there is a gross mismanagement problem which should be immediately addressed. Should it not be the policy of the council to provide personal transportation by police vehicles and police personnel, it would seem appropriate that councilwoman Coontz reimburse the city of Orange for the actual cost of the service. Should Councilwoman Coontz claim her presence was required at the parade, organizers of that event have told me that she was not an invited participant. Sincerely, David V. Hart 1249 E. Palm Ave. Orange, CA 92666 Mr. Hart commented that while the action may have been a small thing, it is symptomatic of other problems. Mr. Hart indicated he received a copy of Police Chief Duncan's letter on the subject, and has no fault with the Police Department's actions on this matter. There are occasions when Council members need to attend official city functions and they carpool to these meetings with city staff, which is an appropriate use. It is essential the City establish a policy on the use of emergency vehicles so there is no further embarrassment to the Police Department. Mr. Hart recalled an incident in the past when someone parked in Councilwoman Coontz's parking space at city hall and she instructed a Police officer to issue a citation. The car belonged to a person from st. John's Lutheran Church, who was attending an evening meeting. There were political repercussions and the responsibility shifted to the Police Department for the issuing of a ticket, and they have been embarrassed enough. Councilwoman Coontz responded with the following comments: "It is protocol to answer the charges publicly brought to the Council by Mr. Hart, and I would like these to be made part of the record. Mr. Hart, having known you for fifteen years I know you delight in writing carefully crafted letters. I'm happy you have decided to sign this one. I wrote these notes this afternoon, but since then, of course you brought up orally the subject of the parking ticket in the parking lot, and I did not request anything. In fact, the only missive I got was an unsigned anonymous letter from Santa Ana regarding that issue. The Mayor and I talked about it, and we resolved it. There was nothing true in the letter. Page 7 117 COUNCIL MINUTES JULY 16, 1991 10. ORAL PRESENTATIONS (Continued) Mayor Beyer clarified the Mayor at that time was Mayor Don Smith. Councilwoman Coontz concurred that it was Mayor Smith, and there was nothing that has ever been said about this except what you just brought up, so I think it's curious that I received this letter anonymously in the mail a couple of years ago. If you really wanted answers to what you refer to as an incident, you could have called the Police Chief or phoned me or talked with me at City Hall, because I am available. I needed assistance in getting from one Fourth of July public event to the other quickly, on a day filled with activities. I might interject that I was almost out of gas. The supervising patrol officer asked if I needed a ride, and I answered, "yes." He answered in the affirmative to my question regarding City policy. I am confident that the members of the Police Department know their jobs well. The assistance given me was justified and needed under the time and distance constraints of two events going on at the same time. Mr. Hart, I know you like to play games, and in this instance yours was the game of trivial pursuit. Mr. Mayor, I think we need get on with the more important matters of the day and put closure on it. At the Mayor's direction the City Clerk read the following letter from Police Chief Duncan into the record: To: Mayor Beyer and Members of the City Council Date: July 15, 1991 Subject: Complaint of David Hart Regarding Use of Police Department Vehicles Mr. Hart's complaint suggests that transportation by a police vehicle of a member of the City Council from The American Legion Hall in the City of Orange to a parade formation on Orange Park Boulevard was an unnecessary extravagance. The involved driver of the Police vehicle is a Lieutenant; and, on the date and time in question, was in command of the Police Department. An assigned duty of such a Lieutenant is to inspect various areas of the City and to follow up on matters of importance to the Department. On the Fourth of July, a permit had been granted to the American Legion, 143 S. Lemon Street, to serve alcoholic beverages at the conclusion of a pancake breakfast. The Lieutenant paid for, and ate breakfast at that location. When he concluded his meal, he inspected the provisions for serving alcoholic beverages and found these to be satisfactory. As he left the area in a Police vehicle to inspect other areas of the City, he observed a member of the City Council walking quickly away from the breakfast, consuming her breakfast between strides. Page 8 118 COUNCIL MINUTES JULY 16, 1991 10. ORAL PRESENTATIONS (Continued) Good manners and a desire to help caused the Lieutenant to stop along side the Council member and ask her if she needed help to find her car. with this, she entered the Police vehicle on the passenger side; and when seated, asked the Lieutenant, if it would not be inconvenient, to drive her to Orange Park Acres Boulevard. The Lieutenant then drove to the destination she had required. I asked the Lieutenant whether or not he noticed anything unusual as he drove up Chapman Avenue to the East. He stated that there was a dearth of individuals standing along both sides of Chapman Avenue; and that there didn't appear to be any problems in connection with the preparations for the fireworks extravaganza to be presented that evening at Fred Kelley Stadium. He turned West on Chapman Avenue and returned to the Police Facility at Batavia & Struck. The Police Department Manual does not restrict this type of activity. Good judgement should prevail in situations of this type. If the Lieutenant thought that good manners and sensitivity to a person's needs should prevail, particularly if it did not entail him doing anything prohibited by councilor Department regulations, then he can most assuredly use his own judgement. The Police Department is duty-bound to assist certain lost people,stranded motorists, abandoned children, battered- but-unbloodied wives and husbands, and an entire myriad of people who receive transportation in a police vehicle without handcuffs.As a matter of fact, some very serious consequences result from abandonment of such a duty.This is not to suggest that the July 4th transportation of a person from the American Legion Hall to Orange Park Acres Blvd. was an emergency or grounds for a civil law suit for neglect of duty.The Lieutenant's activity was a result of what he considered to be reasonable judgement on his part. To my knowledge, this is the first time that this Council member has ridden in an Orange Police Department vehicle.As the Chief of Police, I do not believe that the Lieutenant responded incorrectly to a request for assistance."MOTION Steiner SECOND - Coontz AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to receive and file the report.Page I 1 9 COUNCIL MINUTES JULY 16, 1991 10. ORAL PRESENTATIONS (Continued) The following people spoke in favor of Councilwoman Coontz's actions: Dorothy Gibson, 3032 oceanview street, representing the Coalition of Active, Involved Residents Anita Bennyhoff, 20641 Morada Dr. Carol Walters, 534 N. Shaffer, speaking on behalf of Dorothy Hudecek from North Orange William Earnest, 138 Calle Alta Councilwoman Coontz commented that she did not solicit any response from the community and feels this is very trivial and insignificant and should not be dwelt upon. Carol Walters, 534 N. Shaffer st., representing the Chapman Neighborhood, asked why Chapman College did not pay for their Residence Hall building permit and referred to a letter signed by the City Manager. The City Manager commented in March of 1991 Chapman College had a dispute with the Building Division's amount of fees being charged for construction taking place on their property at that time. Chapman College indicated they were going to file an appeal, and as yet it has not been filed. Pending the outcome of that appeal, the fees were deferred from prior to issuance of a building permit to prior to final occupancy or building inspection. The fees were not waived. This is a practice many cities follow. When Chapman College is ready for occupancy or final building inspection, the City will collect the full value of these fees. Mayor Beyer instructed the City Manager to notify Carol Walters when this occurs. Mary Rawuka, 872 Fairmont Way, Orange, expressed concerns regarding her situation with the EI Dorado Real Estate Agency and a certain party buying her home. Ms. Rawuka requested Council's assistance in this matter. The City Attorney commented he would contact the County Bar Association to assist Ms. Rawuka. (C3500.0) Peter Nickelson, 256 S. McCoy Rd., Orange, commenting on behalf of his Mother, opposing the painting of the City's Police cars from orange and white to black and white. Black and white are confrontive colors. Dorothy Gibson, 3032 Oceanview st., commented in favor of the orange and white police car colors. Mayor Beyer remarked the professionals within the Police Department recommended the change for visibility purposes. Page 10 1 20 COUNCIL MINUTES JULY 16, 1991 THE CITY COUNCIL RECESSED AT 4:10 P.M. AND RECONVENED AT 7:00 P.M. The City Council recessed to a Closed Session for the following purposes: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9, to wit: Serrano Irriqation District vs. citv of Oranqe, Orange county Superior Court Case No. 61 38 00 Dennis Boulanqer and Robert McLinq vs. citv of Oranqe, orange County superior Court Case No. 58 76 29 b. To confer with its attorney regarding potential litigation pursuant to Government Code section 54956.9(b)(1). c. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. 7:00 P.M. Session 11.INVOCATION - Pastor Gerald Balius, Orange Christian Assembly 11. 1 PLEDGE OF ALLEGIANCE TO THE FLAG 11. 2 ANNOUNCEMENTS Mayor Beyer read the following statement: "The City of Orange is pleased that Judge Bower today has endorsed and upheld the adequacy and validity of the City'S Environmental Impact Report for the East Orange General Plan.It has been more than six years since the long and careful planning process in evaluating the potential environmental impacts of such a major plan was begun. The City is committed to protecting the environment and protecting and developing the water resources of Santiago Creek and Irvine Lake in the manner which most benefits the public. The courts decision today recognizes that commitment and we would hope that Serrano Irrigation District will not prolong this needless litigation by an appeal certain to fail. Instead we invite Serrano to join with us in a cooperative effort to protect the future of Irvine Lake and mitigate the impacts of planned development as they are identified. We are grateful that justice has finally been done and the City'S good faith efforts recognized."Page 11 1 21 COUNCIL MINUTES JULY 16, 1991 TAPE 2073 T4000.0) PERMIT 1908- 91.12. PUBLIC HEARINGS 12.1 TENTATIVE TRACT MAP 14510. CONDITIONAL USE CLOW AND CLOW INC.:Time set for a public hearing on petition by Clow and Clow Inc., to consider Tentative Tract Map 14510 to allow the subdivision of a portion of a 2.15 acre church site into four residential parcels; and Conditional Use Permit 1908-91 to allow the creation of three lots without direct access to a public street; and to modify a previously approved conditional use permit that allowed the church operation on the site. The church site is located on the north side of Taft Avenue, 500 feet west of Tustin Street (1515 E. Taft Avenue; and is zoned R-1-8 (Residential, Single Family, minimum lot size 8,000 sq.ft.) .NOTE: Negative Declaration 1382-91 has been prepared to assess the environmental impacts of the project.MAYOR BEYER OPENED THE PUBLIC HEARING.The Manager of Current Planning explained the proposal, indicating the net effect of the proposal will be to reduce the available onsite parking. A portion will be split off that is currently in open turf area. However, the remaining parking on the Church site will be adequate for the Church use that is there, as well as the Montesori School that has been approved by a previous conditional use permit.The total parking spaces is 72.The Planning Commission approved the proposed lot division. There was concern regarding the drainage from the residential site, and a condition was added to require a hydrology study prior to recording of the final map.The following people spoke: Gene Somers, 1539 E. Candlewood John Burl, 1519 E. Concord Pastor David F. Donnett, Grace Baptist Church, 1515 E. Taft Mark Brislawn, Nordic Drive Their comments were expressed as follows:The parking lot is being used by the tenants from the nearby apartments, as well as semi-trucks parking there.They do not want to see cars parking on Taft Avenue from the apartments will the development be single family residences with garages?Pastor Donhed commented an agreement had been reached with the owners of the apartment complex to maintain the flower bed on the east side of the property, they would be allowed the use of the first eight parking spaces. However, they have been using more than eight spaces. Once this has been developed, they will no longer have the use of the parking lot. The semi- truck that was parked on the lot 1 22 COUNCIL MINUTES JULY 16, 1991 12. PUBLIC HEARINGS (Continued) The Manager of CUrrent Planning commented the R-1-8 zoning ordinance requires a two-car garage with standard setbacksfromthepropertylinesinthesubjectzone. The proposed four homes will be single family homes on minimum lot sizes of 8,000 sq. ft. The access road will go between the church and the residences up the middle of the site.THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC HEARING. MOTION - Coontz SECOND - Barrera AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to accept the findings of the Environmental Review Board to file Negative Declaration 1382- 91.MOTION - Coontz SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to approve Tentative Tract Map 14510 as outlined in Planning Commission Resolution No. PC-18-91. MOTION - Coontz SECOND - Spurgeon AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Approve Conditional Use Permit 1908-91 as outlined in Planning Commission ResolutionNo. PC-19-91, with amendments relative to drainage requirements, and staff conditions. TAPE 2564 A2500.0) 12.2 OFF-SITE HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES.CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider adoption of Urgency Ordinance No. 20-91, as an extension of Ordinance No. 17-91, requiring a conditional use permit in the M-2 Industrial District) for any off- site treatment, storage and/ or disposal of hazardous waste.The Director of Community Development commented during the time the proposed interim ordinance is in effect, the Community Development Department with the City Attorney's office will be moving forward with the Fire Department to ensure that a proper long term ordinance addressing these issues is prepared and run through the proper adoption procedure.Councilwoman Coontz expressed concern that this is the same ordinance she requested in March of 1978, and asked why it is taking so long to come up with a final ordinance instead of extending this ordinance again. Draft ordinances have been prepared by the county 1 23 COUNCIL MINUTES JULY 16, 1991 12. PUBLIC HEARINGS (Continued) The County's plan was not adopted because of the State's decision to not pass any of the plans throughout the state. Councilwoman Coontz asked the definition of the word, "pendency," included in the urgency ordinance. The city Attorney remarked it was a legal term meaning, "while the study is going on." Councilman Barrera commented the state has not approved the County's plan. Councilwoman Coontz commented the state lawyers for SCAG and the League of cities indicated the cities should go ahead with the process. There are several alternatives which protect the land use of the cities. It has been much too long of a period. There might not be anyone on staff who could put one of these together. Councilman Spurgeon requested a firm schedule for timelines when the permanent ordinance will be completed. The city Attorney and Director of Community Services both indicated they would meet to establish timelines. Mayor Beyer indicated the report should be available by the next council meeting. The City Attorney recommended Council incorporate prior staff reports on this issue from April 23, 1991 and June 11, 1991 into their motion. THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC HEARING. ORDINANCE NO. 20- 91 An Ordinance of the city Council of the city of Orange adopted as an urgency measure extending Interim Ordinance No. 17- 91 prohibiting hazardous waste treatment and storage facilities without a conditional use permit.MOTION - spurgeon SECOND - Beyer AYES - Steiner, Barrera, Mayor Beyer, Coontz, spurgeon Moved to waive the reading in full.MOTION - Spurgeon SECOND - steiner AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved to adopt Interim Ordinance No. 20-91, to include prior staff reports from the record of April 23, 1991 and June 11, 1991.Page 14 1 24 COUNCIL MINUTES JULY 16, 1991 13. PLANNING AND ENVIRONMENT - None 14. REPORTS FROM COUNCILMEMBERS - None 15. ORAL PRESENTATIONS Bob Bennyhoff, 10642 Morada Dr., commented the County still does not have a plan for hazardous treatment because it was rejected by the State. Mr. Bennyhoff asked if the State has to approve the City's plan?The city Attorney thought the County had to approve the plan, but would have to investigate.Councilwoman Coontz remarked the cities should protect themselves through the general plan. The City of Irvine has done this, and the City of Irvine's plan has been brought to our City for reference.Larry Bonham, 332 S. Olive st. commented on the tax burden on poor people in the city as well as the need for affordable housing.Mr. Bonham also requested a berm be constructed along the southern portion of Hart Park. Mayor Beyer remarked that the property was Caltrans.ADJOURNMENT The City Council adjourned at 7:40 P.M. to a joint Study Session with the Orange Redevelopment Agency and the City/Chamber Marketing Committee, on July 17, 1991 at 7:30 A.M. in the Weimer Room.OR1800.0. 17.1J Q~~MARILYN J. mi' IDt7CM . CITY CLERKPage 15